Goss v. Whitney
Supreme Court of Vermont
Sunday contract. Assumpsit upon a promissory note, dated September 30th, 1849, payable to Franklin B. Goss or bearer. Plea, the general issue; trial by jury, March Term, 1854, — Pierpoint, J., presiding.
Read the full summary
Sunday contract. Assumpsit upon a promissory note, dated September 30th, 1849, payable to Franklin B. Goss or bearer. Plea, the general issue; trial by jury, March Term, 1854, — Pierpoint, J., presiding. The defendant’s evidence tended to prove that on the day of the date of the note, which was Sunday, one Benjamin N. Whitney, a brother of the defendant, and Franklin B. Goss, the payee of the note, had some conversation relative to the settlement of a claim said Goss had against the said Benjamin, and that Goss wrote the note in question, and told the said Benjamin that if ho would get the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Under the charge of the court, it must be assumed that the jury found that the note in question, was not only signed upon the Sabbath, but that it was absolutely and unconditionally delivered to Goss on the same Sabbath day, or to his agent, which is the same thing in legal effect. The case shows that evidence was given tending to prove such to have been the fact.
The jury were correctly instructed that if the note was not delivered until Monday, or if delivered on the Sabbath, and there was a subsequent promise to pay it, their verdict…
2Cited by4 opinions
- Bryant v. BoozeSupreme Court of Georgia · 1875
- Raines v. WatsonWest Virginia Supreme Court · 1868
- Hamilton v. GridleyNew York Supreme Court · 1868
- Smith v. FosterSupreme Court of New Hampshire · 1860